DOMESTIC VIOLENCE and LAWthe A Practical Guide for Survivors
Missouri Coalition Against Domestic and Sexual Violence
Published by e Young Lawyers’ Section of e Missouri Bar revised 2019
DOMESTIC VIOLENCE and LAWthe A Practical Guide for Survivors
This publication is available as a downloadable PDF at: www.mobaryls.org/publications.php www.mocadsv.org/resources
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ACKNOWLEDGEMENT
This guide is the product of a collaborative effort by Missouri Coalition Against Domestic and Sexual Violence (MCADSV) and the Young Lawyers’ Section (YLS) of The Missouri Bar. Written and designed by MCADSV. This guide was printed by The Missouri Bar Association.
This project was funded by The Young Lawyers Section of The Missouri Bar.
This project was supported, in part, under Grant No. 2017-MU-AX-0009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. IMPORTANT RESOURCES
National Domestic Violence Hotline (800) 799-SAFE (7233) or TDD (800) 787-3224 24-hour chat line: www.thehotline.org click on get help
National Sexual Assault Hotline - Rape, Abuse and Incest National Network (RAINN) www.rainn.org (800) 656-HOPE (4673)
Missouri Coalition Against Domestic and Sexual Violence [MCADSV) MCADSV can connect you to programs and resources throughout Missouri. www.mocadsv.org (888) 666-1911 during business hours
Missouri Bar Legal Resources Line For attorney services (573) 636-3635 or use the Lawyer Search Tool at http://missourilawyershelp.org/ TABLE OF CONTENTS
Introduction...... 1 Addressing immediate needs...... 2 Domestic Violence and the legal system: Civil and criminal laws...... 3 Civil Court and Orders of Protection...... 4 Orders of Protection can be obtained without an attorney and without cost to the victim...... 4 How does Missouri law define abuse, stalking and sexual assault for Orders of Protection?...... 4 How an Order of Protection can help protect you...... 6 Filing for an Order of Protection...... 8 Court hearings on Full Orders of Protection...... 15 Law enforcement responses to domestic violence...... 20 Responses to domestic violence through the criminal legal system...... 22 Considerations for participation in the criminal legal system...... 23 How do I prepare for involvement with the criminal legal system?...... 24 Domestic and sexual violence crimes...... 27 Numbers and websites to know...... 29 Legal service offices in Missouri...... 30 Help available with protection orders...... 33 Personalized safety plan...... 37 Procedure for obtaining an Order of Protection...... 46 Missouri protection orders at a glance...... 47 Criminal penalties...... 51 Domestic assault offenses...... 52 Adult sexual offenses...... 54 Stalking...... 59 Harassment...... 61
DOMESTIC VIOLENCE and LAWthe A Practical Guide for Survivors
Domestic violence is a pattern of behavior used by one person in a relationship to control the other. It can occur between current intimate partners, former partners, family members or those who are dating. It is a purposeful and complex pattern of harmful physical, sexual, psychological and other abusive behaviors used to control the victim. Domestic violence distorts what is supposed to be a relationship based on mutual respect. One person in a relationship or family does not have the right to control another person. When domestic violence occurs, the abuser and victim no longer share equal rights, responsibilities and decision-making power. If you are in an abusive relationship, there are resources and people who can help you and your family. Please visit the Missouri Coalition Against Domestic and Sexual Violence website at www.mocadsv.org for a list of service providers in the state that provide survivors of domestic and sexual violence with legal advocacy and other resources such as 24-hour hotlines, shelter, counseling and referrals to other agencies for additional help. You also may call the 24-hour National Domestic Violence Hotline at (800) 799-SAFE (7233) or TDD (800) 787-3224. The Hotline also has a 24-hour chatline at www.thehotline.org. Throughout this publication, the terms “victim” and “survivor” are used to mean the person harmed by domestic violence, sexual violence and/ or stalking. Depending on the legal situation, those who commit abuse or violence are referred to as “abusers,” “Respondents” or “offenders.” An abuser who has been charged with a crime is referred to as the “defendant.”
Domestic Violence and the Law: A Practical Guide for Survivors 1 ADDRESSING IMMEDIATE NEEDS
Call law en orcement in an emergency If you can get to a phone when you are being harmed or when it is safe afterward, call 911. Law enforcement officers must respond to your call. Once officers have responded, they have an obligation to make a written report if they have a reasonable belief that you have been attacked or abused in some manner. Officers must make an arrest if they reasonably believe the person who harmed or threatened you has violated a protection order. If law enforcement officers return to the same home within 12 hours after a previous call, even if there is no protection order in place, they must arrest the identified abuser when they have a reasonable belief that an assault occurred.
Seek medical assistance Seek medical care if you have been physically injured. Some injuries might be more serious than they appear to you or to another person. The hospital or doctor’s office will make records of your injuries. You are entitled to a copy of any of your medical records. Medical records are important evidence for either a civil proceeding such as an Order of Protection hearing, or for a criminal trial. Pictures of any visible injury, even minor marks, may be especially helpful to you. If your injuries get worse or become more pronounced, such as darkened bruising, it is important to document this with pictures and possibly seek follow-up medical care. You may wish to take pictures for your own proof of harm, even if they have been taken as part of your medical treatment or law enforcement investigation.
Seek support You may call a domestic violence program for help if you have been abused or hurt. Advocates at the program can help you through the legal system as well. All of the services you receive at a domestic or sexual violence program in Missouri are free and confidential. If you need to leave your home to get away from the person who is abusing you and need a place to stay, there are resources available to you for safe shelter and other assistance. These agencies and programs can help you even if you do not want to go to a shelter or are unable to leave right now. If you do not know where your local program is located, the Missouri Coalition Against Domestic and Sexual Violence (MCADSV) website at
2 Domestic Violence and the Law: A Practical Guide for Survivors www.mocadsv.org has a map showing where all programs are in the state and their contact information. You can contact MCADSV at (888) 666-1911 for additional referrals or information during business hours. You also may call the 24-hour National Domestic Violence Hotline at (800) 799-SAFE (7233) or TDD (800) 787-3224. The Hotline also has a 24-hour chatline at www.thehotline.org. Advocates at domestic violence programs can help you develop your own plan for your safety and help you identify your next steps from a range of options and resources. A listing of additional resources to help you starts on page 29. Remember, you do not have to go through the legal system by yourself.
DOMESTIC VIOLENCE AND THE LEGAL SYSTEM: CIVIL AND CRIMINAL LAWS
The legal system provides two ways to be protected from domestic violence. One is based on civil law and the other on criminal law. Sometimes these two overlap. Both civil and criminal remedies can be useful to you. “Civil law” responses to domestic violence include Orders of Protection. They serve to keep your abuser away from you and to get other types of help because of the domestic violence you have experienced or are afraid might happen again. Orders of Protection are civil court orders issued by a judge. Protection orders are not a part of an abuser’s criminal record. However, it is a crime for a person to violate an Order of Protection that is issued against them. “Criminal law” responses to domestic violence include the arrest and prosecution of the person who has abused you. The purpose of a criminal action is to hold abusers accountable for their criminal actions. The criminal law system involves law enforcement officers, prosecutors or district attorneys, criminal court judges and jail or probation officers. You do not need to decide between seeking help through the civil legal system or the criminal legal system. You may pursue both remedies for the same incident or ongoing incidents of domestic violence against you.
Domestic Violence and the Law: A Practical Guide for Survivors 3 CIVIL COURT AND ORDERS OF PROTECTION
The laws that establish Orders of Protection, which are a part of the civil legal process for help in addressing domestic violence, are in Chapter 455 of the Revised Statutes of Missouri (RSMo). In these laws, domestic violence abuses are defined as assault, battery, coercion, harassment, sexual assault or unlawful imprisonment. Assaults might include threats or other offensive behavior. Stalking and sexual assault not related to domestic violence also are covered by this law.
ORDERS OF PROTECTION CAN BE OBTAINED WITHOUT AN ATTORNEY AND WITHOUT COST TO THE VICTIM
Missouri law allows a victim of abuse, stalking or sexual assault to seek and obtain an Order of Protection without an attorney and without cost. While an attorney is not required to obtain a protection order, sometimes people will hire an attorney to help them through the process. For victims of abuse, this most often happens if the person they are seeking protection from hires an attorney to represent them in the court process for an Order of Protection.
HOW DOES MISSOURI LAW DEFINE ABUSE, STALKING AND SEXUAL ASSAULT FOR ORDERS OF PROTECTION?
Missouri law on Orders of Protection contains the following definitions of what are considered acts of abuse and threats of abuse. This law is in Section 455.010 RSMo: 1. Assault: “Purposely or knowingly placing or attempting to place another in fear of physical harm.” (Examples are if a person holds a gun to your head or holds a hand up to your face as if they are going to slap or punch you.)
4 Domestic Violence and the Law: A Practical Guide for Survivors 2. Battery: “Purposely or knowingly causing physical harm to another with or without a deadly weapon.” (Examples include when the person physically hurts you by doing things to you like punching, choking/ strangling, hitting, kicking, slapping or throwing things at you.) 3. Coercion: “Compelling another by force or threat of force to engage in conduct from which the latter has a right to abstain or to abstain from conduct in which the person has a right to engage.” (Examples include when the person uses force or threat of force to make you do something or stops you from doing something you have a right to do.) 4. Harassment: “Engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to another adult or child and serves no legitimate purpose. The course of conduct must be such as would cause a reasonable adult or child to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner or child. Such conduct might include, but is not limited to: (a) Following another about in a public place or places; (b) Peering in the window or lingering outside the residence of another; but does not include constitutionally protected activity.” (Examples include when the person does something more than once that frightens, alarms or causes distress to you. This includes threats of violence. The abuser makes you upset or fearful by threatening you by saying things like, “If you leave, I will hurt you,” or “If you tell anyone, I will kill you.” Threats can be more subtle, as well, and can be threatening to you because you know what the abuser has done in the past. The abuser might threaten to do things such as take the children away, make threats against other family members or pets, or threaten to destroy your home or property.) 5. Sexual Assault: “Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress or without that person’s consent.” (Examples include when the person makes you have sex when you don’t want to, hurts you during sex, makes you do sexual acts you don’t want to do, has sex with you when you are not awake, or rapes you.) 6. Unlawful Imprisonment: “Holding, confining, detaining or abducting another person against that person’s will.” (Examples include when the person takes away your car keys so you can’t leave, locks you in a house or room or apartment, won’t let you out of a car, or takes you someplace against your will and keeps you there when you want to leave.”)
Domestic Violence and the Law: A Practical Guide for Survivors 5 7. Stalking: “When any person purposely engages in an unwanted course of conduct that causes alarm to another person, or a person who resides together in the same household with the person seeking the Order of Protection, when it is reasonable in that person’s situation to have been alarmed by the conduct. As used in this subdivision: (a) ‘Alarm’ means to cause fear of danger of physical harm; (b) ‘Course of conduct’ means a pattern of conduct composed of two or more acts over a period of time, however short, that serves no legitimate purpose. Such conduct may include, but is not limited to, following the other person or unwanted communication or unwanted contact.” (Examples include when an abuser repeatedly acts in ways that make their partner feel frightened, intimidated or emotionally distressed. This can include unwanted communication or contact such as following them, texting or phoning them repeatedly, showing up at their workplace, etc.) 8. Child Abuse: “Any physical injury, sexual abuse or emotional abuse inflicted on a child other than by accidental means by an adult household member, or stalking of a child. Discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.” (The law provides for protection against violence toward your children as well. If your child has been the victim of any physical injury, sexual abuse or emotional harm by an adult family or household member, or your child’s other parent, you may file for a Child Order of Protection. This includes sexual abuse of children, such as fondling or rape. The abused children do not have to be the children of the person against whom you file an Order of Protection.)
HOW AN ORDER OF PROTECTION CAN HELP PROTECT YOU
A victim of abuse, stalking or sexual assault can seek an Order of Protection from a court without cost and without having to hire an attorney. In the legal process, a person who seeks an Order of Protection is called a “Petitioner” and the person whom an order is sought against is called the “Respondent.” After you, as a victim of abuse, complete the written request for a protection order, a judge may issue an Order of Protection to order the abuser (the Respondent) to stop abusing, sexually assaulting, harassing or
6 Domestic Violence and the Law: A Practical Guide for Survivors stalking you (the Petitioner) and require the Respondent to stay away from your home or workplace. An Order of Protection also can be filed on behalf of a child—a person younger than 17 unless otherwise emancipated—if that child is being abused or is in danger of being abused. An Order of Protection from Missouri is valid in every other state and should be upheld by law enforcement officers in every state. This also means that if you have an Order of Protection from another state, it is valid in Missouri.
There are two types o Orders o Protection:
1. EX PARTE ORDER OF PROTECTION This is a temporary emergency order issued by the court to protect you as the Petitioner. It is issued by a judge without a court hearing. Once issued, an Ex Parte Order of Protection remains in effect until a court hearing, which is held within 15 days after you file for a protection order. Sometimes there is a delay when either you or the Respondent has “good cause” to ask for the hearing to be rescheduled. This is called a continuance. A continuance also may be granted to give additional time to “serve” the order. For an order to be served means a copy of the Ex Parte Order of Protection is physically delivered to the Respondent by a law enforcement officer or a special process server. The Ex Parte order will remain in effect even if the court hearing is delayed after a continuance request by you, the Respondent or an attorney representing either party. 2. FULL ORDER OF PROTECTION This is the longer-lasting order that is issued after the judge holds a court hearing. You, or your attorney, must attend that hearing. If you, or your attorney, do not appear for the hearing, your request for the Order of Protection will be dismissed. If the Respondent has been properly served and does not appear for the hearing, a Full Order of Protection will be issued after you have presented your evidence. Your evidence can include your testimony about the threats, harm or abuse you experienced from the Respondent. Evidence can include testimony from anyone who witnessed the abuse, police reports, medical records or records of texts, phone calls and voicemail from the Respondent. During the hearing, both you and the Respondent (or the attorneys,
Domestic Violence and the Law: A Practical Guide for Survivors 7 if you or the Respondent has one) can speak to the judge. During the court hearing, a Respondent can “consent” to the Order of Protection being issued without providing any testimony or evidence for why it shouldn’t be issued. A Full Order of Protection can be issued for up to one year. On the form for the Order of Protection, Petitioners can check a box to have the order automatically renewed for another year, or it can be renewed in another way. More details about renewing orders are on page 17.
FILING FOR AN ORDER OF PROTECTION
Who can ile or an Order o Protection? VICTIMS OF DOMESTIC VIOLENCE You can file for an Order of Protection for domestic violence if you are 17 years of age or older or otherwise emancipated (if you are younger than 17, your parent or guardian may file for you against a Respondent older or younger than 17), and you are a family or household member as defined by law as follows: • If you are the spouse or former spouse of the abuser; • If you have a child in common with the abuser; • If you are the current or former live-in girlfriend or boyfriend of the abuser; • If you are related by blood or marriage to the abuser; or • If you have been in a dating relationship with the abuser, defined as a “continuing social relationship of a romantic or intimate nature.”
VICTIMS OF STALKING OR SEXUAL ASSAULT You can file for an Order of Protection for stalking or sexual assault if you are 17 years of age or older or otherwise emancipated. For these types of protection orders, the Respondent does not have to be a family or household member. If you are younger than 17, your parent or guardian may file for an Order of Protection on your behalf. The order can be against a person
8 Domestic Violence and the Law: A Practical Guide for Survivors (Respondent) who is older or younger than 17—an example of this would be a dating relationship between two 16-year-olds.
CHILD VICTIMS OF ABUSE You can file for a Child Order of Protection if you: • Are the parent or guardian of the victim, a guardian ad litem (GAL), a court-appointed advocate (CASA) for the victim or a juvenile officer; and • Suspect child abuse is occurring.
Where can I ile or an Order o Protection? You can file for an Ex Parte Order of Protection in the circuit clerk’s office, located in the county courthouse: • Where you live; • Where the alleged abuse occurred; or • Anywhere the Respondent can be served (where the Respondent lives, works, etc.).
When can I ile or an Order o Protection? During business hours, you can go to the circuit clerk’s office at the courthouse. If it is after business hours or on a holiday, you can call your local police, sheriff’s department or domestic violence program to find out where you can fill out a Petition for an Order of Protection. Judges should be on call to issue Ex Parte orders after hours when needed in emergency situations.
What help is available with Orders o Protection? The purpose of an Ex Parte Order of Protection and a Full Order of Protection is to prohibit the Respondent from abusing, molesting, stalking, communicating with you or disturbing your peace, or entering your home, school or workplace. In each order, the law also allows a judge to include a temporary order of child custody and visitation when appropriate. In a Full Order of Protection, a judge can include additional specific requirements of the Respondent. These can include orders about child custody, visitation and child support, property division and financial matters, as well as things such as ordering the Respondent to return a pet to you, pay for your medical bills or go to a batterer intervention program.
Domestic Violence and the Law: A Practical Guide for Survivors 9 If you want specific types of help, you need to request each of them by checking the boxes on the Petition form so the judge can consider your requests. You can add additional requests to your Petition that are not included in the standard boxes on the form. Judges have the ability to order other requests you ask for in your Petition that you believe will help increase your safety from the person harming you. The descriptions starting on page 33 explain in detail all of the help you may ask for in the Petition for an Order of Protection.
Will my contact in ormation be released in an Order o Protection? If you do not feel safe with the Respondent knowing where you live, or if you have moved to a new address unknown to the Respondent, you have the right to request that your address not be disclosed in the court documents. You also can ensure your address is not revealed in public records by applying for the Safe at Home program through the Secretary of State’s office. This program allows you to establish a post office box in Jefferson City that is not part of any public record. The Secretary of State will receive all mail sent to you, then forward the mail to your actual address. You can get more information by calling the toll-free number for the Safe at Home B B (866) 509-1409, or go to the website at www.sos.mo.gov.
Sa ety planning when seeking an Order o Protection Survivors and their children might face increased danger when they leave their abusive partners or seek assistance from law enforcement officers, the court system or social service providers. As a result, it is very important to create a safety plan that is specific to your situation. You are the expert on your situation and have been using all of your skills to cope with abuse against you so far. The decision to leave an abusive relationship or seek a protection order for abuse, stalking or sexual assault is complicated because the person who harmed you might try to retaliate against you. There is a risk that the threats, abuse or violence might get worse as you try to get help from the legal system, and you can prepare for that with safety planning. However, it is important to remember that people do escape the violence in their lives all the time. Friends, family and a network of service providers within a supportive community can be a big help to you if you
10 Domestic Violence and the Law: A Practical Guide for Survivors choose to make the difficult decision to leave your abuser. Before you make the decision to leave or to file for an Order of Protection, you should consider making your own personalized safety plan. The Personalized Safety Plan on page 37 is a tool to help you identify and evaluate your options and create a personalized plan to reduce your risk of being harmed again by the person hurting you. Use what applies or change it to reflect what you need in your situation. There is no right or wrong way to develop a safety plan, and it does not have to be written down.
How do I begin the process to get an Order o Protection? The flow chart on page 46 provides a quick overview of the procedure for obtaining an Order of Protection. Here is some basic information for starting the process of getting a protection order: 1. Go to the circuit clerk’s office at the courthouse. The process for getting an Order of Protection begins with going to the circuit clerk’s office in the county courthouse and filling out a written application form, called a Petition for Order of Protection. This form is available at the circuit clerk’s office. Missouri law requires that court clerks explain how to file all of these necessary forms and documents. In addition, domestic violence program advocates and staff in some circuit clerk’s offices can assist you in the process for filing for an Order of Protection. Domestic violence program advocates often can go with you to court. 2. You do not need to pay for an order or have an attorney to get one. There is no filing fee, court cost or bond required to file for an Order of Protection; it is free. You do not need a lawyer to obtain an Order of Protection. However, if you decide you want an attorney (for instance, if you are concerned about going to court alone or the Respondent has hired an attorney), you may contact the Missouri Bar Legal Resources Line at (573) 636-3635. The Missouri Bar also offers a free Lawyer Search function at http://MissouriLawyersHelp.org. If you cannot afford an attorney, you may contact the Legal Services or Legal Aid offices in your area. If they cannot represent you, many Legal Services offices have a list of volunteer attorneys to represent you for free or at a reduced cost. Legal Services and Legal Aid offices around the state are included in this guide’s resource section, which starts on page 30. 3. Bring any documentation you have of abuse against you. When you go to the courthouse to fill out the Petition for an Order of Protection, you should bring any documentation or proof that the
Domestic Violence and the Law: A Practical Guide for Survivors 11 abuse occurred. This includes pictures of injuries, law enforcement reports and/or medical records, and screen shots of threatening texts or email, etc.
How do I ill out the proper orms or an Order o Protection? 1. Write down the most recent abuse incident against you, the worst incident and history of abuse. When you describe the domestic violence, abuse, stalking or sexual assault against you in the Petition for Order of Protection form, start with the most recent episode of violence or threats of harm, then write the worst or most frightening incident(s) and then go back in time with each violent episode and the frequency of the episode(s). 2. Be specific about what you experienced. It is extremely important that you are specific about the abuse, describing in detail what the abuser did to you physically and/or emotionally. If you know the exact dates of the abuse, include them in the Petition. For example, do not just write, “They hurt me.” Instead write, “On ______(insert date only if you know for sure) they grabbed me, punched me in the face and pushed me very hard against our bedroom wall.” If the person called you names, write down the exact names they called you so the judge can see specific examples of the emotional abuse. In many jurisdictions, you can add additional sheets of paper if there is not enough space. You can ask the clerk for additional pieces of paper. 3. Describe any injuries and provide documentation if you can. If the violence has caused any injuries, you should describe your injuries in detail and tell the judge if you sought medical help and if you have any documentation such as pictures, medical or law enforcement records. If you have documentation of the abuse, you should attach that to the Petition. If the Respondent is violent while using alcohol or illegal drugs, write that in the Petition and remind the judge about those details in your court hearing. It is important to list any threats or other factors that cause you to believe the abuser is becoming more dangerous, including if the abuser has guns. 4. Tell the judge why you are afraid now. If you are afraid of the Respondent, it is important to write on the Petition that you are afraid and explain in detail what makes you feel that way. After reading your Petition, the judge will either grant or deny you an Ex Parte Order of Protection. This initial decision is made
12 Domestic Violence and the Law: A Practical Guide for Survivors solely on the basis of what you have written in the Petition. With an emergency Ex Parte Order of Protection, the judge usually will not meet with you or listen to your evidence. If the judge does want to meet with you to get more information, it will be informal, and he or she might ask you more questions in the courtroom or in an informal interview in the judge’s office. 5. Ask for the specific help and protection you need. There are boxes printed on the Petition form that you can check to ask the judge for specific protections and help. You also may ask for additional things to be included in the order. This can be about having property or pets returned to you, or to have the Respondent turn in guns or other weapons that have been used to harm or threaten you.
What happens a ter the judge reads my Petition or an Ex Parte order? If a judge finds that there is current danger of abuse against you, an Ex Parte order will be granted. If the Ex Parte order is granted, a copy of the order is given to a local law enforcement agency and entered into a statewide computerized records system used by law enforcement officers (police and sheriffs’ deputies). This is called the Missouri Uniform Law Enforcement System (MULES). Law enforcement officers can use the MULES system to confirm that an Order of Protection was issued by a Missouri court. 1. Service of the Ex Parte order on the Respondent An Ex Parte order takes effect and is valid and enforceable when it is entered. It remains in effect until it is properly “served” by being physically delivered to the Respondent and until there is a full hearing on the allegations. After a judge grants an Ex Parte order, a law enforcement officer will try to serve it on the Respondent or the Respondent’s custodial parent or guardian if the Respondent is younger than 17. If law enforcement cannot find the Respondent, your petition may be dismissed. You may ask the judge to continue your case to give law enforcement more time to serve the Respondent. If the Respondent still cannot be served, you may request the court to appoint a private process server called a “special process server.” Special process servers charge a fee, and you would need to request in writing to the court for one be appointed. If you decide to do this, you may ask the clerk in your courthouse for a form.
Domestic Violence and the Law: A Practical Guide for Survivors 13 2. Notification that the Respondent has been served When you file your Petition, a staff member in the circuit clerk’s office should tell you about options to receive notification that the order has been served on the Respondent. This can include how to call local law enforcement offices and how to enroll in the Missouri Victims Automated Notification System, known as MOVANS. If you enroll in MOVANS, you can get a phone call or text to let you know the Respondent has been served with the Ex Parte order. You can find out more information about MOVANS by calling the Missouri Department of Public Safety at (866) 334-6682 or go to the website at www.dps. mo.gov/dir/programs/cvsu/movans.php. MOVANS also will notify you about upcoming court dates and if the person who harmed you is jailed or released from jail. 3. Calling law enforcement for violations of Ex Parte Orders of Protection If you have an Ex Parte order, you can call the police or sheriff’s office if the Respondent attempts to contact you. Missouri law requires that law enforcement officers must arrest a Respondent who has notice of the Ex Parte order and violates the order. Prosecutors might not be able to file charges if the Respondent didn’t know about the Ex Parte order because they were not physically served a copy. If you have information that your abuser knew or was aware of the Ex Parte order before the violation, it is important to tell law enforcement about the abuser’s prior knowledge (for instance, if a family member or friend has told the Respondent about the Ex Parte order).
What i the judge re uses to grant an Ex Parte Order o Protection? If the judge does not grant you an Ex Parte Order of Protection and you are eligible to file for one, you still will be given a court date within 15 days for a hearing on the Full Order of Protection. You will have an opportunity at that hearing to prove your case to the judge to receive a Full Order.
14 Domestic Violence and the Law: A Practical Guide for Survivors COURT HEARINGS ON FULL ORDERS OF PROTECTION
The hearing for a Full Order of Protection will be held within 15 days after you get your Ex Parte order and the Respondent has been served with a copy of that order. The abuser must be served at least three days prior to the hearing date. If the papers are not served on the Respondent by that time, ask the judge or the judge’s clerk to extend the Ex Parte order and schedule another court date. This is called a continuance. You may always ask the judge to grant you a continuance for other reasons, like for time to hire an attorney, find a witness, etc. It will be up to the judge to decide whether to grant your request. If it is granted, the Ex Parte Order of Protection remains in effect until the new court date. Most days when Order of Protection hearings are scheduled in court, a judge will have many cases to hear and you might have to wait for your hearing. During the hearing on the Full Order of Protection, after you and the Respondent have presented all of your evidence, the judge will decide what type of help and specific orders he or she should include in the Full Order of Protection. It might be the same as what was ordered in the temporary Ex Parte order.
How should I prepare or the court hearing on the Full Order o Protection? 1. Gather records, documents and any witnesses to the abuse to use as “evidence.” You do not have to have proof of injuries or witnesses to the abuse against you for the court hearing—your sworn testimony in the hearing might be all the evidence you need to get an Order of Protection. If you do have documentation, bring to the court hearing as much evidence of the abuse or violence as you can safely get, such as pictures, screen shots of texts or emails, medical reports, police reports, damaged property and torn clothing. If they are available for the hearing, try to bring any witnesses who have seen or heard the abusive behavior against you. 2. Know what you want to say to the judge about why you are still afraid of the abuser. It can help to be prepared to describe to the judge in detail what you wrote in your Petition about what has happened to you and why you
Domestic Violence and the Law: A Practical Guide for Survivors 15 are still afraid of the abuser now. If the Respondent threatened you with violence, tell the judge why you believe the threat and why it makes you afraid that you are in danger. Tell the judge about the most recent, the most violent and the most frightening episodes of domestic violence, stalking or sexual assault. 3. Ask for the specific help and protection you need. It can help to make a list of all of the protections you want in the order. You can request specific court orders that allow only limited types of contact with the Respondent. For instance, you can ask that someone other than you be involved in taking your child(ren) for visitation with the Respondent. If your circumstances have changed or if you have changed your mind since you filed the Petition, you may be able to change the type of help you request in the order. 4. A judge might ask you to agree to a “Consent” Order of Protection without a hearing. Be aware that before you have an opportunity to testify or present evidence in the hearing for your Order of Protection, the judge might ask you and the Respondent whether you both want to agree to the entry of a Full Order of Protection without conducting a hearing. If the Order of Protection is granted this way, it is called a Consent Order of Protection. If you and the Respondent agree to a Consent Order of Protection, the Respondent does not admit any wrongdoing but consents to an order being issued stating that they will stay away from you while the order is in place. If there are any issues you and the Respondent disagree about, such as child custody or support, there must be a full hearing. If you agree to a Consent Order of Protection, there will be no evidence presented to the judge that the Respondent abused, threatened or harmed you, and there will be no court record made of the abuse. This could be a drawback if there needs to be further legal action taken in the future, such as a divorce or child custody case. 5. Be aware that your abuser or their lawyer can ask you questions during a hearing. The judge will allow both you and the Respondent to speak during the hearing. Try to keep calm when you ask or answer any questions. Know that the Respondent will probably use this time to contradict what you say in your testimony. Some of the things they say in court may hurt you or make you mad. Try to not get openly upset if the abuser contradicts what you say, and try to remain as calm as possible. It is important to not argue with the Respondent in court. Most judges
16 Domestic Violence and the Law: A Practical Guide for Survivors have held many protection order hearings and have experience with contradictions in the testimony presented. 6. The judge decides at the end of the hearing to grant or deny the Order of Protection. If you have successfully proved your case of abuse, stalking or sexual assault, the judge will issue the Full Order of Protection. The judge may include everything you asked for in the order or only include some of those requests. Typically, a judge will order that the Respondent not assault or attempt to assault you; not harass, intimidate, stalk or follow you; and not go to your residence, workplace or your children’s school. The order might require that the Respondent stay a certain distance away from you, wherever you are. The judge may order that you be provided with other help, such as granting temporary child custody and visitation, child support, temporary maintenance payments, assistance with rent or mortgage payments, or possession of certain property or pets.
How long does a Full Order o Protection stay in e ect? A Full Order of Protection lasts a minimum of 180 days and a maximum of one year.
Can I renew a Full Order o Protection? There are two ways you can ask for your Full Order of Protection to be renewed. You can renew the order twice. Each renewal can last a maximum of one year. You do not have to have experienced new instances of abuse, threats or violence for the renewals. 1. Check the automatic renewal box on your Petition. You may request an automatic renewal for an Order of Protection by checking the renewal box on the Petition. The Respondent must request a hearing 30 days prior to the expiration of the order to potentially prevent the automatic renewal. 2. Ask the judge to renew the order before it expires. If you do not request an automatic order renewal on your Petition, you still may go back to the court before the Order of Protection expires and request to renew the order. This should be done at least two weeks before it expires. You can ask the staff at the court clerk’s office in the courthouse for help in further explaining how you can seek a renewal of your order. However, it is important to note that for a renewal to be granted, you, as the Petitioner, must show that you would be in danger if the order is not renewed.
Domestic Violence and the Law: A Practical Guide for Survivors 17 If the order is not renewed and it expires, you will have to file a new Petition for an Order of Protection, with new allegations of abuse, and go through the legal process again.
Important things to remember a ter the Order o Protection is issued 1. Keep your order with you. Once you obtain a Full Order of Protection, make copies of it if possible and keep one copy with you. Local law enforcement agencies must keep copies of these orders on file, but you should keep a copy in a purse, at home, at work, in your car or another safe place near you. This is so you can show law enforcement officers you have an Order of Protection if the Respondent violates it. Part of your safety plan can include giving copies of your Full Order of Protection to someone in places where you or your children go on a regular basis, such as your workplace, church, childcare or school. 2. You cannot “violate” your own Order of Protection. Legally you cannot violate an Order of Protection that you have against someone else. The judge has ordered the Respondent to comply with the requirements in the Order of Protection—the judge’s order is not against you. However, if you have any voluntary phone, email or personal contact with the Respondent, the court or law enforcement officers might interpret that contact as proof that you are not afraid of the person who has abused or harmed you. This can make it very difficult to renew or enforce the order. If you feel you must have contact with the Respondent, it might be safer if you make contact through another person or in public settings. You also might want to request that the judge order the Respondent to communicate with you only at certain times and in certain ways. For example, if you have children together you could request that the judge order the Respondent to contact you regarding the children only on certain days through text messaging.
What happens to my protection order i there also is a divorce or child custody case? Other legal cases should not end all of the provisions of your Order of Protection. If you have any current child custody, visitation, child support and/or maintenance orders when you are granted an Order of Protection, they will stay in effect during the duration of the protection order unless another custody order is entered in another court. Later, if you get a divorce or paternity judgment against the Respondent and
18 Domestic Violence and the Law: A Practical Guide for Survivors custody, visitation or child support is ordered, the portion of your Order of Protection that deals with custody, visitation, support or maintenance will no longer be valid. Remember, the parts of your Order of Protection that prohibit the Respondent from harming you may remain in effect. You should ask your attorney or the judge about how to do this. So, even if you get a divorce or paternity order, if you are still afraid of your abuser, you should not dismiss your Order of Protection.
How do I get the Order o Protection en orced? If the Respondent violates the Order of Protection in any way, you have criminal and civil options to have the order enforced. Different options might be available to you in different parts of the state and court jurisdictions, so you should contact your local court or domestic/sexual violence program to find out all options available to you. Regardless of what remedies are available to you, if it is safe to do so, it is important you keep your own record or log of any violations committed by your abuser. This will be helpful to prosecutors, civil lawyers and judges in determining how to respond to any violations of your Order of Protection.
CRIMINAL ENFORCEMENT A violation of an Order of Protection is a criminal offense, and you should contact law enforcement immediately if the order has been violated. The Respondent can be arrested and prosecuted for certain crimes such as: if they continue to abuse you, contact you, frighten or stalk you; if any provision of the child custody order is ignored; if they enter your residence or place of employment or school; or being within a certain distance of you or your child. If the violation involves the Respondent’s failure to surrender custody of the children to you as ordered by the judge, they can be arrested and the children turned over to you.
CIVIL ENFORCEMENT You are allowed to file a Motion for Civil Contempt when the Respondent has violated the Order of Protection. These are violations that do not include abusing you, but are violations by the Respondent when they have not complied with other provisions that are not enforced by law enforcement. For example, when your Order of Protection requires the Respondent to pay child support and maintenance, but you were not paid. After the Motion for Civil Contempt is filed, a court date for a hearing will be scheduled. On the court date, if the Respondent doesn’t have a good reason for disobeying the Order of Protection, the judge can find them in contempt of court. That means the judge can jail the Respondent until they do what they were supposed to do (for example, pay all past due child
Domestic Violence and the Law: A Practical Guide for Survivors 19 support) or the judge can fine them an additional amount as punishment. Not all courts hold regular contempt hearings, but filing for contempt should always be available upon the request of the Petitioner. Filing a motion for contempt usually requires an attorney.
LAW ENFORCEMENT RESPONSES TO DOMESTIC VIOLENCE
If you are a victim of domestic violence, you can call local law enforcement for help, whether or not you have an Order of Protection. Missouri law requires law enforcement officers to apply the same standard for response to an alleged incident of abuse or violation of an Order of Protection as they would for any crime involving strangers. The law instructs law enforcement officers that their role is to protect victims of domestic violence from continuing abuse.
What should happen when I call law en orcement or help? 1. Tell the 911 dispatcher if you are still in danger when you call and where you are. When responding in an emergency situation, law enforcement might take a few minutes to get to you. If you are afraid, it is important to tell the 911 dispatcher of your fear and the reasons for it. If you can, you should tell the dispatcher any other safety concerns you have and whether the abuser has any guns or other weapons. 2. Officers are required to identify who is the abuser, not arrest both people after a call for help. When law enforcement officers arrive after you have called for help, if both you and the person who has hurt you tell the officers that you were assaulted, the officers are not required to arrest both of you. Law enforcement officers are supposed to identify the person who is the most violent or threatening. This person is called the “primary physical aggressor.” To make this determination, Missouri law instructs law enforcement officers to examine the comparative extent of the injuries to both parties, to identify who has made serious threats to the other person that created a fear of physical injury, and to find out the history of domestic violence between the people involved.
20 Domestic Violence and the Law: A Practical Guide for Survivors 3. Officers should investigate, gather evidence and take pictures of injuries. After responding to your call and identifying the primary physical aggressor, the officers should conduct a thorough investigation and look for evidence or other proof of the abuse. Show them any bruises or other injuries you have and any torn or bloody clothing, broken items or any other signs or indications of the abuse, if there are any. Officers should take pictures of any physical signs of abuse. Tell the officer if anyone saw or heard part of the present or past abuse against you or another member of your household. If possible, give the officer names and phone numbers of these witnesses. If the abuser has violated an Order of Protection, tell the officers and show them a copy of your order so they can arrest the abuser for violating the order. Try to keep your original order in case you need to show it to law enforcement again later. You also should show the officers a copy of separation, child custody or divorce papers, if there are any. 4. You have the right to ask officers to gather evidence if they don’t do so. If the responding officers do not conduct a thorough investigation, you have the right to ask them to take pictures of your injuries and to contact witnesses, etc. You might ask for the responding officer’s name and badge number so he or she can be a witness for you in any civil or criminal proceeding you bring against your abuser. Write this information down. You might wish to use this information to thank law enforcement for their work later. Alternatively, if the law enforcement officers who responded did not conduct a proper investigation, you can use their badge numbers if you decide to file a complaint.
What i a law en orcement o icer doesn’t make an arrest a ter I call or help? If a law enforcement officer responding to a domestic violence call believes there has been an assault (which includes a threat to commit physical harm) and does not make an arrest, the officer is required to make a written report of the incident. That report, by law, has to completely describe the offender, and include the victim’s name, time of call, address, the reason why no arrest was made and any other pertinent information. Missouri law requires that if a law enforcement officer is again called to the same address within 12 hours and believes the same person has again committed an assault or abuse against you or any other family member,
Domestic Violence and the Law: A Practical Guide for Survivors 21 the officer must arrest that person. The report from the first response may be considered as evidence of the abuser’s intent to commit the abuse.
What other assistance can I get rom law en orcement agencies? 1. Information and referrals Law enforcement officers are trained to know about local services and should be able to tell you the locations for the closest services for domestic violence or sexual assault victims. If you are hurt or need food, clothing or counseling, law enforcement can direct you to an appropriate community resource. Law enforcement agencies might have established domestic violence response teams or individual officers trained to deal with domestic violence or sexual assault situations. These teams or individuals might be aided by shelter or rape crisis advocates, social workers, ministers or other persons trained in counseling or crisis intervention who can provide you with help and support. 2. Transportation Law enforcement officers at the scene of a domestic violence incident are required by law to provide or arrange transportation for an abused person to a medical facility for treatment of injuries or to a place of shelter or safety [Section 455.080 RSMo]. 3. Getting your personal belongings If you left your home after a domestic violence incident and you need to get belongings from your home, law enforcement officers can and should escort you back to that residence. If you do not want to return to stay in your home but decide to file for an Order of Protection, you can ask the judge to include a specific provision in the order allowing you to safely get your household goods and other personal things you need from your home.
RESPONSES TO DOMESTIC VIOLENCE THROUGH THE CRIMINAL LEGAL SYSTEM
The purpose of a criminal action is to hold abusers accountable for their criminal conduct. The criminal legal system involves: law enforcement officers, who arrest those who commit crimes; the prosecutor/district
22 Domestic Violence and the Law: A Practical Guide for Survivors attorney, who files charges and prosecutes criminal cases against those accused of crimes; the judge, who presides over criminal cases; probation officers, who monitor offenders convicted of crimes; and corrections or jail officials, who incarcerate sentenced offenders.
CONSIDERATIONS FOR PARTICIPATION IN THE CRIMINAL LEGAL SYSTEM
1. Contact a domestic violence program to talk through your options. It is normal to be apprehensive about participating in a criminal prosecution, even if you want the person who harmed you to be held accountable. It also is normal to want the abuse against you to stop but to decide you do not want to participate in the criminal legal system. Talking with an advocate from a domestic violence program can help you decide the best plan for you. You can find the program closest to you on the website of the Missouri Coalition Against Domestic and Sexual Violence (MCADSV) at www.mocadsv.org. 2. Develop a safety plan. If you make the decision to do so, you have the right to report crimes committed against you and to participate in a criminal court process against the person who victimized you. Before taking these steps, however, it is important to have a safety plan in place to protect you and your children during this process. If the person who abused you was arrested and a criminal case is filed, they will likely be released before there is a hearing on the case. If you sought an Order of Protection during this time, there might also be a period of time before your abuser is served with the court documents. You want to make sure you are protected while waiting for a criminal trial. If you are not sure of the range of options to keep you and your family safe during this time, advocates at your local domestic or sexual violence program can help you make a safety plan. You can use the Personalized Safety Plan on page 37 to create your own plan. 3. You can change your mind about participating in a criminal case against your abuser. If you initially decide you want to participate in the prosecution against the person who abused you, you can later change your mind if you are afraid or for any other reason. Be aware, however, the
Domestic Violence and the Law: A Practical Guide for Survivors 23 prosecutor might decide to go forward with the case and prosecute the person who abused you even if you request the charges be dropped. You also might be subpoenaed and legally required to testify in the case.
HOW DO I PREPARE FOR INVOLVEMENT WITH THE CRIMINAL LEGAL SYSTEM?
Becoming involved with the criminal legal system and going through a criminal trial as a victim of crime is a long and difficult process. Safety planning will be important. Part of your safety plan might include taking care of your emotional well-being with the help of a victim advocate, counselor, support group, or with supportive family, friends or your faith community. 1. There are two ways to report a crime against you: a. Report a crime to law enforcement. As a victim of domestic violence, stalking or sexual assault, you can make a criminal report to law enforcement. The report of the crime against you from a law enforcement agency will be reviewed by the prosecutor. b. Report a crime to a prosecutor’s office at the courthouse. If a law enforcement agency did not make a report of the crime committed against you, you might need to go to the prosecuting attorney’s office to make sure a complaint is filed. You will need to describe to the prosecutor what happened to you, and you can bring any witnesses to the domestic violence and any evidence of injury or abuse, such as pictures, torn or blood-stained clothes, damaged property and medical reports. Upon hearing your statement, the prosecuting attorney’s office will decide whether to bring criminal charges and prosecute the person who harmed you. This could result in the issuance of a criminal summons or a warrant. The prosecuting attorney might still issue a criminal summons or warrant even if you do not have physical evidence of abuse. 2. Learn about the role of the prosecuting attorney or district attorney. As a victim of crime, you cannot “file charges” against the person who has committed a crime against you. It is the role of the prosecuting attorney (called the district attorney in some Missouri cities) to file criminal charges against an abuser, who, if charged, becomes the
24 Domestic Violence and the Law: A Practical Guide for Survivors defendant. Most prosecuting attorneys’ offices have employees called “victim-witness advocates” who should keep in contact with you before the trial date to discuss the case and the evidence of the crime against you. If there are any witnesses to the abuse or violence against you that the prosecutor does not know about, you can inform that advocate or other staff in the prosecutor’s office about these witnesses. It also is important to let the prosecuting attorney know if the defendant attempts to contact you after charges are filed and during the time the case is pending. This contact might be important evidence in the case and might result in additional charges being brought against the defendant. 3. Learn about your rights. Victims of crime in Missouri are guaranteed certain rights about their participation in the criminal legal system. For instance, you have the right as a victim of domestic violence to be kept informed of any court dates. To find out more about crime victims’ rights, you may contact your local prosecuting attorney’s office, the Missouri Attorney General’s Office, at (573) 751-1338, or the Missouri Department of Public Safety Crime Victim Services Unit, at (866) 334-6682. You also may read the Missouri Victims’ Rights laws in Chapter 595 RSMo. available online at www.revisor.mo.gov. 4. Ask about options to protect you from retaliation from your abuser for testifying in court. If you are worried about retaliation and harm to you if you testify in a criminal case as a witness against the person who harmed you, tell the prosecutor or the prosecutor’s victim advocate about your fears. You can ask if the prosecutor will issue a subpoena that legally requires you to come to court and testify. This can be a form of protection so the abuser learns that you had no choice about whether to testify in court. A prosecutor also can ask the judge to issue a “stay away” order so that if your abuser contacts, harms or threatens you before a trial, they can have their bail or bond revoked or possibly be jailed until the trial. 5. A criminal case can be filed even if you don’t want to participate in a trial. If you decide you do not want the prosecutor to file criminal charges against the abuser, and you do not want to testify, the prosecutor might still move forward with the case. Once a criminal case has begun, it is up to the prosecutor to decide whether to drop the charges. Even if you don’t want to testify, a prosecutor can issue a subpoena to require a person to come to court and testify in a criminal trial. Missouri law
Domestic Violence and the Law: A Practical Guide for Survivors 25 does, however, give a married person the right to not testify against their spouse [Section 546.260 RSMo], but a spouse can “waive” that privilege and testify. 6. Criminal case prosecution can take a long time. Criminal cases are routinely continued for several weeks or even months to allow the defendant to hire an attorney or to subpoena witnesses. While waiting for a trial, staying in touch with staff in the prosecutor’s office will help you be prepared for the trial in which you will be called to testify. Contact the prosecuting attorney’s office for information to help you keep track of the scheduled date for the case and any changes to the dates of hearings or trial date. Make sure to contact that office before the scheduled date to determine whether you need to be present in court. Again, you can gain support and assistance through this long process from local domestic violence programs. 7. Ask an advocate or other trusted friend or family to come to court with you. It can be frightening or intimidating to face the person on trial for hurting you. You might find it helpful to ask a friend, family member or domestic violence program advocate to be a support person(s) for you in the courtroom. Having a supportive person with you will help remind you of your strength during the stress of a trial. Remember that if you do not appear on the day scheduled for a preliminary hearing or trial, your case may be dismissed. 8. Learn about criminal charges and their penalties. It can be helpful for you to know and understand the criminal charges against the person who has abused or harmed you. There are detailed descriptions of the criminal offenses most often committed as aspects of domestic violence beginning on page 52. When the defendant is found guilty after a trial or pleads guilty to a criminal offense, the punishment will depend on the criminal charges filed and the circumstances of the case. A judge will issue the sentence but will consider the prosecuting attorney’s recommendations as well as other factors, such as whether the defendant previously committed a similar crime. If there is a jury trial, the judge may be limited by the jury’s recommendation. For most convictions of felony-level crimes, the sentence includes a prison term. A defendant found guilty of a misdemeanor-level crime might receive a suspended sentence, a fine and/or probation. Depending on the circumstances of the case, you
26 Domestic Violence and the Law: A Practical Guide for Survivors might want to ask the court to order the defendant to participate in what is called a batterer intervention program, obtain substance abuse counseling and/or to stay away from you and your family. 9. Report any additional crimes or threats against you after your abuser is convicted. If the defendant contacts you or abuses you again after being found guilty of a crime against you, report the contact or abuse to law enforcement as soon as safely possible so that an investigation will be conducted. You also can report the violation directly to the prosecutor and/or the defendant’s probation officer if the defendant is on probation for this or another kind of charge. You should not assume the probation officer or prosecutor will be automatically notified of the new activity just because it has been reported to law enforcement.
DOMESTIC AND SEXUAL VIOLENCE CRIMES
DOMESTIC ASSAULT Domestic assault occurs when the assault is against a family or household member, against a person who has a child in common with the abuser, or against an adult who is or has been in a dating relationship with the abuser. There are several different offenses of domestic assault. For a detailed description, see page 52, or go to www.revisor.mo.gov to read the domestic assault laws in Chapter 565 of the Missouri Revised Statutes.
RAPE AND SEXUAL ASSAULT Sexual assault is a physical act of sexual violence. Sexual assault may be used to describe specific criminal offenses of rape, sodomy, incest or molestation. Sexual assault may occur between spouses or intimate partners. There are many different types and degrees of sexual offenses. For a detailed description, see page 54, or go to www.revisor.mo.gov to read the rape and sexual offense laws in Chapter 566 of the Missouri Revised Statutes.
STALKING Stalking occurs when a person disturbs or follows you, more than once, and causes you to be frightened, intimidated or emotionally distressed. The person can do many things that would be considered stalking: following you, writing or sending you frightening emails, hiding and watching you,
Domestic Violence and the Law: A Practical Guide for Survivors 27 calling you offensive names, breaking into your computer, and threatening your safety or the safety of your family, household members or even your pets or livestock. To be considered stalking, the offense must occur more than once, showing a “course of conduct.” For a detailed description, see page 59, or go to www.revisor.mo.gov to read the stalking laws in Chapter 565 of the Missouri Revised Statutes.
HARASSMENT Harassment occurs when a person engages in any act with the purpose of causing emotional distress to another person. The legal definition of harassment is very broad. For a detailed description, see page 61, or go to www.revisor.mo.gov to read the harassment laws in Chapter 565 of the Missouri Revised Statutes.
28 Domestic Violence and the Law: A Practical Guide for Survivors NUMBERS AND WEBSITES TO KNOW
Crime Victims’ Compensation Missouri Office of Prosecution This program will reimburse victims of Services (MOPS) crime (those who have reported the Victim Advocate/Coordinator offense to law enforcement) by paying Staff at this office provide direct for reasonable medical and counseling services to crime victims, working with expenses as well as lost wages. prosecutors to inform crime victims about www.dps.mo.gov/dir/programs/cvc/ their rights, and assisting victims with (573) 526-6006 filing for financial reimbursements from the Crime Victims’ Compensation fund. Department of Public Safety Crime (573) 751-0619 Victim Services Unit Staff in this state department can assist Missouri Victim Automated victims who have difficulty gaining access Notification System (MOVANS) to services or who believe their rights as Those with Orders of Protection or crime victims have been denied. who are crime victims can enroll in www.dps.mo.gov/dir/programs/cvsu this automated notification system (866) 334-6682 that will send an email or a text notice to registered users whenever there is The DeafLEAD Institute a change in an offender’s incarceration, Resources for D/deaf and Hard-of- court status or the status of a protection Hearing and Late Deafened individuals order. (573) 445-5005, for video and TTY www.dps.mo.gov/dir/programs/cvsu/ (800) 380-DEAF, for video and TTY movans.php Text HAND to 839863 National Center for Victims of Missouri Attorney General’s Office Crime, Stalking Resource Center The Victim Services and Legal Support www.victimsofcrime.org Unit provides assistance to crime victims (202) 467-8700 to help them understand their options. (573) 751-1338 National Domestic Violence Hotline (800) 799-SAFE (7233) or Missouri Bar Legal Resources Line TDD (800) 787-3224 (573) 636-3635 24-hour chat line: www.thehotline.org Lawyer Search Tool http://missourilawyershelp.org National Sexual Assault Hotline - Rape, Abuse and Incest National Missouri Coalition Against Domestic Network (RAINN) and Sexual Violence (MCADSV) www.rainn.org MCADSV can connect you to programs (800) 656-HOPE (4673) and resources throughout Missouri. www.mocadsv.org (888) 666-1911
Domestic Violence and the Law: A Practical Guide for Survivors 29 NUMBERS AND WEBSITES TO KNOW (continued)
National Suicide Prevention Lifeline “Safe At Home” program in the www.suicidepreventionlifeline.org Missouri Secretary of State’s office (800) 273-TALK (8255) The Safe at Home address confidentiality program allows victims to, at no cost, Missouri Department of Social establish a post office box in Jefferson Services Child Abuse and Neglect City that is not part of any public record. Hotline The Secretary of State will receive all (800) 392-3738 mail sent to you, then forward the mail (573) 751-3448 to your actual address. Those enrolled (if calling outside of Missouri) in the Safe at Home program, which (800) 669-8689 helps survivors of domestic violence, TDD/TTY: (800) 735-2966 sexual assault, rape, human trafficking or stalking, get a designated address to use for public records such as court documents, voting records, etc. This keeps participants’ actual street addresses confidential in public records. (866) 509-1409 [email protected]
LEGAL SERVICE OFFICES IN MISSOURI
Legal Aid o Western Missouri
Kansas City Central Office St. Joseph Outreach Office 4001 Blue Parkway, Suite 300 706 Felix Street Kansas City, MO 64130 St. Joseph, MO 64501 Phone: (816) 474-6750 Mailing Address: PO Box 1086 Counties Served: Clay, Jackson, Platte St. Joseph, MO 64502 Phone: (816) 364-2325 Kansas City Westside Office Toll-Free: (800) 892-2101 920 Southwest Blvd. Counties Served: Andrew, Atchison, Kansas City, MO 64108 Buchanan, Caldwell, Clinton, Daviess, Phone: (816) 474-9868 DeKalb, Gentry, Grundy, Harrison, Holt, Counties Served: Clay, Jackson, Platte Linn, Livingston, Mercer, Nodaway, Putnam, Sullivan, Worth
30 Domestic Violence and the Law: A Practical Guide for Survivors Joplin Outreach Office Warrensburg Outreach Office 302 S. Joplin 305 N. Holden Joplin, MO 64801 Warrensburg, MO 64093 Mailing Address: PO Box 1605 Phone: (660) 747-7101 Joplin, MO 64802 Toll-Free: (800) 892-2943 Phone: (417) 782-1650 Domestic Violence: 877-537-7811 Toll-Free: 800-326-2996 (toll-free) (Phone intakes accepted during all open business hours) Counties Served: Benton, Camden, Carroll, Cass, Henry, Hickory, Johnson, Lafayette, Morgan, Pettis, Ray, Saline, St. Clair
Legal Services o Eastern Missouri
St. Louis Union Outreach Office 4232 Forest Park Ave. 20 South Church Street St. Louis, MO 63108 Union, Mo 63084 Phone: (314) 534-4200 Phone: (636) 583-7877 Toll-Free: (800) 444-0514 Toll-Free: (800) 583-7877 Counties Served: Jefferson, St. Charles, Counties Served: Franklin, Warren, St. Louis City, St. Louis County Washington
Hannibal Outreach Office St. Louis County Family Court Project 801 Broadway 501 S. Brentwood Blvd. Hannibal, MO 63401 St. Louis, MO 63105 Phone: (573) 248-1111 Phone: (314) 615-4502 Toll-Free: (800) 767-2018 Counties Served: St. Louis County Counties Served: Adair, Clark, Knox, Lewis, Lincoln, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Schuler, Scotland, Shelby
Domestic Violence and the Law: A Practical Guide for Survivors 31 Mid-Missouri Legal Services Corporation
Columbia Jefferson City Outreach Office 1201 W. Broadway St. 428 E. Capitol Ave., Suite 200 Columbia, MO 65203 Jefferson City, MO 65101 Phone: (573) 442-0116 Toll-Free: (800) 568-4931 Counties Served: Audrain, Boone, Callaway, Chariton, Cole, Cooper, Howard, Miller, Moniteau, Osage, Randolph
Legal Services o Southern Missouri
Springfield Rolla Outreach Office 809 N. Campbell 1000 North Pine, Suite B Springfield, MO 65802 Rolla, MO 65401 Phone: (417) 881-1397 Phone: (573) 341-3655 Toll-Free: (800) 444-4863 Toll-Free: (800) 999-0249 Counties Served: Barry, Carter, Cedar, Counties Served: Crawford, Dent, Christian, Dade, Dallas, Douglas, Gasconade, Iron, Madison, Maries, Greene, Howell, Laclede, Lawrence, Phelps, Pulaski, Reynolds, St. Francois, Oregon, Ozark, Polk, Shannon, Stone, St. Genevieve, Texas Taney, Webster, Wright West Plains Outreach Office Cape Girardeau Outreach Office 313 Washington Ave. 1225 N. Kingshighway P.O. Box 887 P.O. Box 1837 West Plains, MO 65775 Cape Girardeau, MO 63702 Phone: (417) 255-0348 Phone: (573) 651-4806 Toll-Free: (800) 444-4863 Toll-Free: (800) 748-7456
Charleston Outreach Office 116 N. Main St. P.O. Box 349 Charleston, MO 63834 Phone: (573) 683-3783 Toll-Free: (800) 748-7456 Counties Served: Bollinger, Butler, Cape Girardeau, Dunklin, Mississippi, New Madrid, Pemiscot, Perry, Ripley, Scott, Stoddard, Wayne
32 Domestic Violence and the Law: A Practical Guide for Survivors HELP AVAILABLE WITH PROTECTION ORDERS
Missouri domestic violence law allows a victim of abuse to ask the court for the following types of help, as well as other terms the court reasonably deems necessary to ensure an adult or child’s safety. A Petitioner, through an Order of Protection, may ask the court to order a Respondent to stay out of the Petitioner’s dwelling, home or residence, stay away from the Petitioner’s place of employment or school, or order that a Respondent stay a certain distance away from the Petitioner or the Petitioner’s child/children.
ADULT ORDERS OF PROTECTION
EX PARTE ORDER OF PROTECTION [SECTIONS 455.035 & 455.045, RSMo]
• Temporarily restrains the Respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim. • Temporarily may restrain the respondent from entering the premises of the dwelling unit of the petitioner when the dwelling unit is: a) jointly owned, leased or rented or jointly occupied by both parties; or b) owned, leased, rented or occupied by the Petitioner individually; or c) jointly owned, leased or rented by the Petitioner and a person other than the Respondent; provided, however, no spouse shall be denied relief under this section by reason of the absence of a property interest in the dwelling unit; or d) jointly occupied by the Petitioner and a person other than the Respondent; provided that the Respondent has no property interest in the dwelling unit. • Temporarily may restrain the Respondent from communicating with the Petitioner in any manner or through any medium. • May award temporary custody of minor children where appropriate.
FULL ORDER OF PROTECTION [SECTION 455.050 RSMo]
• Restrains the Respondent from committing domestic violence or sexual assault, threatening to commit domestic violence or sexual assault, stalking, molesting, or disturbing the peace of the victim.
Domestic Violence and the Law: A Practical Guide for Survivors 33 • May prohibit the Respondent from entering the premises of the dwelling unit of the Petitioner when the dwelling unit is: a) jointly owned, leased or rented or jointly occupied by both parties; or b) owned, leased, rented or occupied by the Petitioner individually; or c) jointly owned, leased, rented or occupied by the Petitioner and a person other than the Respondent; provided, however, no spouse shall be denied relief under this section by reason of the absence of a property interest in the dwelling unit; or d) jointly occupied by the Petitioner and a person other than the Respondent; provided that the Respondent has no property interest in the dwelling unit. • May prohibit the Respondent from communicating with the Petitioner in any manner or through any medium. • May award custody of minor children born to or adopted by the parties when the court has jurisdiction over such child and no prior order regarding custody is pending or has been made, and the best interest of the child requires such order be issued. There is a presumption that the best interest of the child is served by placing him or her in the custody of the non-abusive parent. • May establish a visitation schedule for the non-custodial parent that is in the best interest of the child. The court can deny visitation if it finds that visitation would endanger the child’s physical health, impair his or her emotional development or would otherwise conflict with the best interests of the child, or that no visitation can be arranged that would sufficiently protect the custodial parent from future abuse. • May award child support when no prior order of support exists or is pending. • May award income maintenance, for no more than 180 days, to the Petitioner when the Petitioner and the Respondent are lawfully married. • May order the Respondent to make or to continue to make rent or mortgage payments on a residence occupied by the Petitioner if the Respondent is found to have a duty to support the Petitioner or other dependent household members. • May order the Respondent to pay the Petitioner’s rent at a residence other than the one previously shared by the parties if the Respondent is found to have a duty to support the Petitioner and the Petitioner requests alternative housing.
34 Domestic Violence and the Law: A Practical Guide for Survivors • May order the Petitioner be given temporary possession of specified personal property, such as automobiles, checkbooks, keys and other personal effects. • May prohibit the Respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties. • May order the Respondent to participate in a court-approved counseling program designed to help batterers stop violent behavior or to participate in a substance abuse treatment program. • May order the Respondent to pay a reasonable fee for housing and other services that have been provided or that are being provided to the Petitioner by a domestic violence shelter. • May order the Respondent to pay court costs. • May order the Respondent to pay the cost of medical treatment and services that have been provided or that are being provided to the Petitioner as a result of injuries sustained to the Petitioner by an act of domestic violence committed by the Respondent. • May order one of the parties to pay the other’s attorney’s fees. • May order a wireless service provider to transfer the billing responsibility and rights to the wireless telephone number or numbers to the petitioner, if the petitioner is not the wireless service accountholder.
CHILD ORDERS OF PROTECTION
EX PARTE CHILD ORDER OF PROTECTION [SECTION 455.520 RSMo]
• Temporarily restrains the Respondent from committing or threatening to commit domestic violence, stalking, sexual assault, molesting, or disturbing the peace of the victim. • Temporarily may restrain the Respondent from entering the family home of the victim except as specifically authorized by the court; from communicating with the victim in any manner or through any medium, except as specifically authorized by the court; provides a temporary order of custody of minor children. • No Ex Parte Order of Protection excluding the respondent from the family home shall be issued unless the court finds that: the order is
Domestic Violence and the Law: A Practical Guide for Survivors 35 in the best interests of the child or children remaining in the home; the verified allegations of domestic violence present a substantial risk to the child or children unless the Respondent is excluded; and a remaining adult family or household member is able to care adequately for the child or children in the absence of the excluded party.
FULL CHILD ORDER OF PROTECTION [SECTION 455.523 RSMo]
• Restrains the Respondent from committing domestic violence or sexual assault, threatening to commit domestic violence or sexual assault, stalking, molesting, or disturbing the peace of the victim. • Awards custody of any minor child born to or adopted by the parties when the court has jurisdiction over such child and no prior order regarding custody is pending or has been made, and the best interests of the child require such order be issued. • May award visitation. • May award child support in accordance with Supreme Court Rule 88.01 and Chapter 452 RSMo. • May award maintenance to Petitioner when Petitioner and Respondent are lawfully married in accordance with Chapter 452 RSMo. • May order the Respondent to make or to continue to make rent or mortgage payments on a residence occupied by the victim if the respondent is found to have a duty to support the victim or other dependent household members. • May order the Respondent to participate in a court-approved counseling program designed to help stop violent behavior or to treat substance abuse. • May order the Respondent to pay, to the extent that they are able, the costs of their treatment, together with the treatment costs incurred by the victim. • May order the Respondent to pay a reasonable fee for housing and other services that have been provided or that are being provided to the victim by a shelter for victims of domestic violence. • May order a wireless service provider to transfer the billing responsibility and rights to the wireless telephone number or numbers of any minor children in the Petitioner’s care to the Petitioner, if the Petitioner is not the wireless service accountholder.
36 Domestic Violence and the Law: A Practical Guide for Survivors PERSONALIZED SAFETY PLAN Safety plans help survivors anticipate the dangers they might face. A safety plan is an adaptable tool to help increase your safety in an ever-changing situation.
WHEN TO USE A SAFETY PLAN Safety plans can be made for a variety of situations: for dealing with an emergency, such as when you are threatened with physical assault or an assault has occurred; for continuing to live with or date a partner who has been abusive; or for protecting yourself after you have ended a relationship with an abusive partner.
USE WHAT YOU ALREADY KNOW If you have been abused, you probably know more about safety planning and risk assessment than you might realize. Being in a relationship with an abusive partner—and surviving—requires considerable skill and resourcefulness. Any time you do or say something as a way to protect yourself or your children, you are assessing risk and enacting a safety plan. You do it all the time; it’s just not always a conscious process.
LOOK AT THE RISKS It can be a helpful strategy to evaluate risks and make safety plans in a more intentional way. Whether you are currently with your partner or have ended the relationship, and whether you choose to use available services or to involve the police, there are certain things that are helpful to consider in planning for your future safety.
BE AWARE OF DANGERS If you are planning to leave your partner or already have left, be aware that abusers often escalate their violence during times of separation. Making a separation safety plan can help reduce the risks to you and your children.
EVALUATE YOUR OPTIONS Only you can judge whom it’s safe to tell about your situation and whom to ask for help. Sometimes, people who don’t have good information about domestic violence respond in ways that aren’t
Domestic Violence and the Law: A Practical Guide for Survivors 37 PERSONALIZED SAFETY PLAN helpful, even when they mean well. On the other hand, you might feel comfortable asking for help from someone you know. It’s your decision. The important thing is for you to identify all the people who might be willing and able to help you. Make a list of their phone numbers and attach it to your safety plan for easy reference.
PLAN AHEAD You don’t have to wait for an emergency to ask for help. In fact, it’s a good idea to talk to people who can help before there’s a crisis. Find out what they are willing and able to do for you. That way, you’ll know in advance if you have a place to stay, a source of financial assistance or a person to help you in other ways.
REDUCE YOUR RISK No one has control over a partner’s violence, but people can and do find ways to reduce their risk of harm. The following safety plan is a tool to help you identify and evaluate your options and assist you in creating a personalized plan to reduce your risk when confronted with the threat of harm or with actual harm. Use what applies or change it to reflect your particular situation. Your safety plan does not need to be written down (especially if you fear your abuser will find it), though you may choose to. There’s no right or wrong way to develop a safety plan. Make it your own, and review it regularly to make changes as needed.
KEEP YOUR PLAN IN A SAFE PLACE Only you can decide whether it is safe to have a written safety plan. If you decide to keep a written plan, find a place to keep it where your partner won’t find it. Ask a friend to keep a copy for you. Whether it’s safe to write down your plan or not, it’s still important to make one.
SAFETY DURING A VIOLENT INCIDENT I will use my judgment and intuition. If I think my partner is going to hurt me, I will try to move to a space that has lower risk, such as ______. (Often bathrooms, garages, kitchens, areas near weapons or rooms without an outside exit are most dangerous.)
38 Domestic Violence and the Law: A Practical Guide for Survivors PERSONALIZED SAFETY PLAN If the situation is serious, I can try to calm down my partner by giving in to demands. I have the right to protect myself until I/my children are out of danger.
SAFETY IF STAYING I can tell ______about the violence and request they call 911 if they hear noises coming from my home. I can teach my children how to use the phone or call 911 to contact the police or fire department and/or how to contact a safe neighbor for help. I will make sure my children know our address. I can put emergency numbers in my phone. I will use ______as the code word with my children or my friends so they will call for help if needed. If I have to leave my home, I will go to ______. If I cannot go there, I can go to ______. The local domestic violence program hotline number is ______. I can call it or the national hotline at (800) 799-SAFE (7233) for help.
SAFETY IF LEAVING Preparing to leave I will call a domestic violence program to get help making my plans. The hotline number for the nearest program is ______. I will leave money and an extra set of keys with ______so I can leave quickly. I will leave extra clothes with ______. I can open a post office box and have personal mail and bills (credit cards, cellphone, etc.) sent there. I will ask ______and ______to see who would be able to let me stay with them or lend me some money. I can increase my independence by opening a bank account and getting credit cards in my own name; by taking classes or getting job skills; and/or by getting copies of all the important papers and documents I might need and keeping them with ______.
Domestic Violence and the Law: A Practical Guide for Survivors 39 PERSONALIZED SAFETY PLAN I can rehearse my escape plan and, if appropriate, practice it with my children. If it’s not safe to talk openly, I will use ______as the code word or signal to my children that we are leaving, or to my family or friends that we are coming. I can keep my purse or a wallet and car keys ready and put them ______so I can leave quickly. I can take my pet to ______if I need to leave.
ITEMS TO CONSIDER TAKING IF LEAVING The ollowing items may be help ul to have i you decide to leave, but remember that almost all o these items are replaceable. Identification for myself My and my children’s birth certificates and Social Security cards Credit, debit and ATM cards School and vaccination records Money, checkbook and bankbooks Cellphone chargers and phone plan records Medication and medical supplies Medical records for all family members Keys—house, car, work Driver’s license, car registration Insurance papers Public assistance ID/EBT and Medicaid cards Passports, Alien Registration Receipt Cards, work permits, green cards for myself and my children Divorce or separation papers Lease, rental agreement or house deed Car/mortgage payment book Children’s toys, security blankets, stuffed animals Sentimental items, photos, jewelry Small objects to sell My personalized safety plan (if written down)
40 Domestic Violence and the Law: A Practical Guide for Survivors PERSONALIZED SAFETY PLAN SAFETY AT HOME I my partner and I are no longer living together I can, or ask my landlord to, change the locks on my doors and windows. I can, or ask my landlord to, replace wooden doors with metal ones. I can, or ask my landlord to, install security systems, including additional locks, window bars, poles to wedge against doors, etc. I can buy rope ladders to be used for escape from second-floor windows. I can install smoke detectors and put fire extinguishers on each floor in my home. I can provide my onsite property manager and/or trusted neighbors with a picture of my partner and ask them to notify the police if they see him near my home.
SAFETY AT WORK I can inform my boss, the security supervisor and the employee assistance program (EAP), if available, about my situation. The number of the EAP office is ______. I can ask ______to screen my calls and visitors at work. When leaving work, I can ______. If there’s trouble when traveling to and from work, I can call 911 or ______.
SAFETY IN PUBLIC OR IF BEING STALKED If I suspect I am in imminent danger, I will locate a safe place for myself (police stations, residences of family or friends, domestic violence shelters, local churches, public areas, etc.). I can document my partner’s actions and keep it in a safe place. This may include taking photos of destroyed property/vandalism, saving voicemails, keeping texts/email/letters/notes, etc. I can change my patterns—avoid stores, restaurants, banks, doctor’s appointments, self-service laundries and other places where my partner might find me based on my regular schedule.
Domestic Violence and the Law: A Practical Guide for Survivors 41 PERSONALIZED SAFETY PLAN I can tell ______and ______about the situation and provide them with a photo or description of my partner and any possible vehicles. I can ask them to call the police if they believe I or my children are in danger. When I am out of the house, I will try not to travel alone and will try to stay in public areas.
WITH AN ORDER OF PROTECTION I will keep my protection order ______. (Always keep it on or near you.) I will give copies of my protection order to the local police or sheriff and to departments in towns where I visit friends and family. I will give copies to my employer, my religious adviser, my closest friend, my children’s school and child-care center and ______. If my partner destroys my order or if I lose it, I can get another copy from the court that issued it. If my partner violates the order, I can call the police and report a violation, contact my attorney, call my domestic violence program advocate, and/or advise the court of the violation. I can call a domestic violence program if I have questions about how to enforce an order or if I have problems getting it enforced. I will document all instances, including dates and times, of abuse and/or violations of a valid Order of Protection
PROTECTING MY CHILDREN I can teach developmentally appropriate safety strategies to my children. I can teach my children how to make a phone call to me if they are concerned about their safety. I can teach my children how to use the phone or call 911 to contact the police and fire departments and how to contact a safe neighbor for help. I will make sure they know our address. I can tell my children’s caretakers who has permission to pick them up and make sure they know how to recognize those people.
42 Domestic Violence and the Law: A Practical Guide for Survivors PERSONALIZED SAFETY PLAN I will give the people who take care of my children copies of custody and protection orders, as well as emergency numbers. I can arrange care for my pets ahead of time and keep them supervised when outside.
SAFETY AND TECHNOLOGY Each day there are advances in technology. I can ask someone familiar with technology or domestic violence about the ways that my partner might monitor me. I will use a computer that my partner doesn’t have access to when I look for help, a new place to live, etc. It might be safest to use a computer at a public library, community center or ______. I can ask my friends and family to be careful about whom they give my email address to and to use the Bcc: option when copying me on an email. When making or receiving private calls, I will not use a cellphone that I share with my partner because my partner might have access to cellphone billing records or might have put settings on my phone to track my whereabouts. My local domestic violence shelter might have a donated cellphone I can use. I will ask the court systems, post office and other government agencies how they protect or publish my records and request that they seal or restrict access to my files to help protect my safety. I will ask a domestic violence advocate about the address confidentiality program Safe at Home.
MY EMOTIONAL HEALTH If I am feeling down, lonely or confused, I can call ______or the domestic violence hotline ______. If I have left my partner and am considering returning, I will call ______or spend time with ______before I make a decision. I can attend support groups, workshops or classes at the local domestic violence program or ______so I can build a support system, learn skills or get information.
Domestic Violence and the Law: A Practical Guide for Survivors 43 PERSONALIZED SAFETY PLAN I will look at how and when I drink alcohol or use other drugs. If I am going to drink or use other drugs, I will do it in a place where people are committed to my safety.
MY SAFETY PLANNING AS AN IMMIGRANT OR REFUGEE Additional items to consider collecting Copies of important papers, including those I might need for my immigration case, such as my I-94, copies of visa applications, work permits, etc. Photos of my spouse and I when we were dating Wedding invitation Marriage certificate Photographs of my wedding Love letters, emails or cards from my spouse when we were dating and after our marriage Copies of police reports and medical records Photos of my injuries Copies of my spouse’s birth certificate/Social Security card/green card/or certificate of naturalization Divorce papers from my previous marriage or from my spouse’s previous marriage, papers that show I have lived with my spouse in the United States (e.g., copies of my lease/rental agreement, utility bills or any envelopes or documents with my name and my spouse’s name listed at the same address) I law en orcement becomes involved I will consider contacting an attorney or organization that provides immigration legal services to learn more about what forms of help and immigration relief might be available to me or in the event that I am detained and need their assistance. I can consider appointing a power of attorney over my minor children in case I am detained and separated from my children (a possible power of attorney might be a friend or trusted family member). I will educate myself about my rights as an immigrant or refugee. I can become familiar with my consulate and the assistance it provides.
44 Domestic Violence and the Law: A Practical Guide for Survivors PERSONALIZED SAFETY PLAN HOW CAN A DOMESTIC VIOLENCE PROGRAM HELP ME? Local domestic violence and sexual violence programs are a vital resource, providing free and confidential assistance to adults and their children victimized by domestic violence, rape, sexual assault and stalking. They provide emergency safety services such as shelter and 24-hour crisis hotlines. You don’t have to stay in a shelter to get help rom a program. Most also provide a full range of non-residential services to those who have been abused. Domestic violence program advocates are experienced in providing assistance to survivors and their children. They understand the criminal, legal, family court, immigration and social service systems. They are familiar with other community resources that might be useful to you. In addition to giving you helpful information, advocates often can accompany you to court, to the police station, to the hospital or to social services offices. They can provide you with practical and emotional support. Getting help from someone who has experience working with survivors of domestic or sexual violence and who knows how to work with the different systems can make things easier for you. The local domestic violence program in my area is ______and their phone number is ______.
NATIONAL DOMESTIC VIOLENCE HOTLINE 800-799-SAFE (7233) Toll-free, 24-hour crisis intervention and referrals to domestic violence programs in your area. 24-hour chatline: www.thehotline.org
Domestic Violence and the Law: A Practical Guide for Survivors 45 PROCEDURE FOR OBTAINING AN ORDER OF PROTECTION
ABUSE, STALKING OR SEXUAL ASSAULT OCCURS
PETITIONER FILES FOR ORDER OF PROTECTION AT COURTHOUSE
JUVENILE COURT JURISDICTION FOR PETITION REVIEWED BY COURT RESPONDENTS 17 AND YOUNGER
EX PARTE ORDER OF PROTECTION EX PARTE ORDER OF PROTECTION GRANTED DENIED
SHERIFF/POLICE GIVEN COPY OF EX PARTE ORDER TO SERVE UPON RESPONDENT AND TO ENTER INTO MULES* DATABASE
PETITIONER GIVEN EX PARTE ORDER PETITIONER GIVEN COURT AND DATE FOR FULL HEARING DATE FOR FULL HEARING
RESPONDENT SERVED WITH ORDER RESPONDENT SERVED WITH AND NOTICE FOR FULL HEARING NOTICE OF FULL HEARING
FULL ORDER OF PROTECTION HEARING
FULL ORDER OF PROTECTION FULL ORDER OF PROTECTION MAY RENEW TWO TIMES DENIED GRANTED FOR UP TO ONE YEAR AUTOMATIC DENIAL APPEALED TO RENEWAL PETITIONER GIVEN COPY OF ORDER APPELLATE COURT PETITION RESPONDENT MAILED OR COURT FOR SERVED WITH COPY OF ORDER RENEWAL
SHERIFF/POLICE GIVEN COPY OF * MULES is the Missouri Uniform Law Enforcement FULL ORDER TO ENTER INTO MULES System operated by the Missouri State Highway Patrol
46 Domestic Violence and the Law: A Practical Guide for Survivors MISSOURI PROTECTION ORDERS AT A GLANCE
WHO CAN GET AN ORDER OF PROTECTION? Adult Order o Protection: [Section 455.010(11) RSMo] The person who files for the Order of Protection is called the Petitioner. The Petitioner is any adult, defined as a person 17 years of age or older, or otherwise emancipated [Section 455.010(2) RSMo]. Child Order o Protection: [Section 455.010(11) & 455.503(2) RSMo]. The Petitioner is any parent, guardian, guardian ad litem, court-appointed special advocate, or juvenile officer on behalf of a child (any person younger than 17 years of age).
WHOM CAN THE ORDER BE ISSUED AGAINST? Adult and Child Orders o Protection: [Section 455.010(12) RSMo] The person the Order of Protection is filed against is called the Respondent. The Respondent can be any family or household member (a spouse, a former spouse, any person related by blood or marriage, any person residing together or who resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or anyone who has a child in common, regardless of whether they have been married or have resided together [Section 455.010(7) RSMo]) and a person alleged to have committed an act of stalking or sexual assault. Petitioners can file protection orders for sexual assault and stalking against people who are not their family or household members. In addition, an Order of Protection can be filed against a child, a person younger than 17.
WHAT ACTS BY THE ABUSER FORM THE BASIS FOR RELIEF? Adult and Child Orders o Protection: [Section 455.010(1) RSMo] Abuse, which includes, but is not limited to, the occurrence of any of the following acts, attempts or threats against a person who may be protected under Missouri law: assault, battery, coercion, harassment, sexual assault or unlawful imprisonment, except abuse shall not include abuse inflicted on a child by accidental means by an adult or household member or discipline of a child, including spanking, in a reasonable manner. Stalking and sexual assault also are covered by this section of law.
Domestic Violence and the Law: A Practical Guide for Survivors 47 WHAT ARE THE LAWS THAT ESTABLISH ORDERS OF PROTECTION? Adult Order o Protection: [Section 455.045 RSMo] Ex Parte Order of Protection. [Section 455.050 RSMo] Full Order of Protection. Child Order o Protection: [Section 455.520 RSMo] Ex Parte Child Order of Protection. [Section 455.523 RSMo] Full Child Order of Protection.
HOW DO YOU APPLY FOR AN ORDER OF PROTECTION? Adult Order o Protection: [Sections 455.015–455.038 RSMo] The Petitioner must go to a court to get an Order of Protection. The Petitioner files a petition with the court asking for an Ex Parte Order of Protection (a temporary Order of Protection) if there is an immediate and present danger to the Petitioner. An Ex Parte Order of Protection is not always granted, but the court always should set a hearing date. A hearing on a full Order of Protection should be held within 15 days after petition is filed, unless there is good cause for a continuance. [Section 455.040 RSMo] Child Order o Protection: [Sections 455.503–455.510 RSMo] The Petitioner must go to a court to get an Order of Protection. [Section 455.035 RSMo] First, the Petitioner files a petition with the court asking for an Ex Parte Order of Protection (a temporary Order of Protection) if there is an immediate and present danger to the child. An Ex Parte Order of Protection is not always granted, but the court always should set a hearing date. A hearing on a full Child Order of Protection should be held within 15 days after petition is filed unless there is good cause for a continuance. [Section 455.516 RSMo]
HOW LONG CAN AN ORDER LAST, AND IS IT RENEWABLE? Adult Order o Protection: [Section 455.040(1) RSMo] An Order of Protection lasts for a minimum of 180 days and a maximum of one year. It can be renewed twice; each renewal can last up to one year. No new incident of abuse, sexual assault or stalking is required if the order is renewed before the old one expires. Child Order o Protection: [Section 455.516(1) RSMo] A Child Order of Protection can last for a minimum of 180 days and a maximum of one year. The order can be renewed twice; each renewal can last up to
48 Domestic Violence and the Law: A Practical Guide for Survivors one year. No new incident of abuse is required if the order is renewed before the old one expires. Automatic One-Year Renewal [Sections 455.040(1) & 455.516(1) RSMo]: The court may, upon a finding that it is in the best interest of the parties, include a provision that any Full Order of Protection for one year shall automatically renew unless the Respondent requests a hearing by 30 days prior to its expiration. You may check the box on your petition requesting an automatic one-year renewal.
WHAT HAPPENS IF A CUSTODY ORDER IS ALREADY IN PLACE OR PENDING BEFORE AN ORDER OF PROTECTION IS GRANTED? Adult and Child Orders o Protection: [Sections 455.050(3)(1) & 455.523(2)(1) RSMo] A court may not change custody in an Order of Protection if a child custody order is in place or is pending. A custody order is pending if there is a date set for a custody hearing. Local practice may require modification of the protective order to remove the custody terms.
WHAT HAPPENS IF ANOTHER COURT MAKES A CUSTODY ORDER AFTER AN ORDER OF PROTECTION IS GRANTED? Adult Order o Protection: [Section 455.060(4) RSMo] The portion of the Order of Protection relating to custody, visitation, support and maintenance is no longer valid, but the prohibitions regarding abuse remain in effect. Local practice may require modification of the order to remove custody terms. Child Order o Protection: [Section 455.528(2) RSMo] The portion of the Order of Protection relating to custody, visitation, support and maintenance is no longer valid, but the prohibitions regarding abuse, sexual assault or stalking remain in effect. Local practice may require modification of the order to remove custody terms.
CAN AN ORDER BE MODIFIED? Adult Order o Protection: [Sections 455.060 & 455.065 RSMo] Yes. Upon the filing of a motion and a showing of changed circumstances. Child Order o Protection: [Sections 455.528 & 455.530 RSMo] Yes. Upon the filing of a motion and a showing of changed circumstances.
Domestic Violence and the Law: A Practical Guide for Survivors 49 ARE PROTECTION ORDERS FROM OTHER STATES ENFORCEABLE IN MISSOURI? Adult Order o Protection: [Section 455.067 RSMo] Yes. Missouri law provides that orders from other states must be given “full faith and credit” in Missouri. A procedure for registering these “foreign orders” is contained in the statute. However, registration does not have to occur for such orders to be enforced. Child Order o Protection: Uncertain. No statutory or legal precedent at this time. Child orders might be covered by the federal Violence Against Women Act. An attorney should be consulted for more information.
WHAT HAPPENS IF AN ORDER IS VIOLATED? Adult and Child Orders o Protection: [Sections 455.085, 455.090, 455.538 & 455.524 RSMo] The Respondent can be arrested and prosecuted for a crime. Arrestable violations of the terms and conditions of a protection order include abuse, sexual assault, stalking, disregard of child custody provisions, communication initiated by the Respondent, or entrance upon the premises of the Petitioner’s dwelling unit, place of employment or school, or being within a certain distance of the Petitioner or child of the Petitioner. If the violation involves the failure to surrender custody of a minor child to the person to whom custody is awarded, the Respondent must be arrested and the child turned over to the custodial parent. A contempt of court action can be brought in the issuing court, and the violator can be held in contempt of court. (This sometimes results in a fine and can include jail time.)
50 Domestic Violence and the Law: A Practical Guide for Survivors CRIMINAL PENALTIES
PENALTIES FOR FELONIES [SECTIONS 558.002 & 558.011 RSMO] • Class A felony is punishable by a prison term of 10 to 30 years, or life. • Class B felony is punishable by a prison term of 5 to 15 years. • Class C felony is punishable by a prison term of 3 to 10 years and/or a fine up to $10,000. • Class D felony is punishable by a prison term of up to 1 year in county jail or 1-7 years in state prison and/or fine of up to $10,000. • Class E felony is punishable by a prison term of up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000. • Corporations may be fined up to $20,000 for any felony.
PENALTIES FOR MISDEMEANORS • Class A misdemeanor is punishable by up to 1 year imprisonment in county jail and/or a fine of up to $2,000 • Class B misdemeanor is punishable by up to 6 months imprisonment in county jail and/or a fine. up to $1,000. • Class C misdemeanor is punishable by up to 15 days imprisonment in county jail and/or a fine. up to $750. • Class D misdemeanor is punishable by fines up to $500. • Corporations may be fined up to $10,000 for any misdemeanor.
Domestic Violence and the Law: A Practical Guide for Survivors 51 DOMESTIC ASSAULT OFFENSES
A “domestic victim” is a amily or household member: spouses, ormer spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship o a romantic or intimate nature with the victim, and anyone who has a child in common regardless o whether they have been married or have resided together at any time. [Section 565.002(6) RSMo]
DOMESTIC ASSAULT, 1ST DEGREE Section 565.072 RSMo Criminal Act Attempts to kill, or knowingly causes or attempts to cause serious physical injury to a domestic victim.
Class o Crime Class B elony: 5 to 15 years in state prison Class A elony [if a person inflicts serious physical injury on the victim]: 10 to 30 years in state prison, or life
DOMESTIC ASSAULT, 2ND DEGREE Section 565.073 RSMo Criminal Act 1. Knowingly causes physical injury to a domestic victim by any means, including but not limited to use of a deadly weapon or dangerous instrument, or by choking or strangulation. 2. Recklessly causes serious physical injury to such domestic victim; or 3. Recklessly causes physical injury to such domestic victim by means of a deadly weapon.
Class o Crime Class D elony: Up to 1 year in county jail or 1-7 years in state prison and/or fine of up to $10,000
DOMESTIC ASSAULT, 3RD DEGREE Section 565.074 RSMo Criminal Act Attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim.
Class o Crime Class E elony: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000
52 Domestic Violence and the Law: A Practical Guide for Survivors DOMESTIC ASSAULT OFFENSES, CONTINUED
DOMESTIC ASSAULT, 4TH DEGREE Section 565.076 RSMo Criminal Act 1. Attempts to cause or recklessly causes physical injury, physical pain, or illness to a domestic victim; 2. With criminal negligence, causes physical injury to a domestic victim by means of a deadly weapon or dangerous instrument; 3. Purposely places a domestic victim in apprehension of immediate physical injury by any means; 4. Recklessly engages in conduct which creates a substantial risk of death or serious physical injury to a domestic victim; 5. Knowingly causes physical contact with a domestic victim knowing he or she will regard the contact as offensive; or 6. Knowingly attempts to cause or causes the isolation of a domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
Class o Crime Class A misdemeanor: Up to 1 year in county jail and/or fine of up to $2,000 Class E elony [if the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim]: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000
Domestic Violence and the Law: A Practical Guide for Survivors 53 ADULT SEXUAL OFFENSES
RAPE, 1ST DEGREE Section 566.030 RSMo Criminal Act Sexual intercourse with a person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
Class o Crime Unclassi ied elony: Life or a term of not less than 5 years in state prison (no technical number limit)* [Sexual intercourse is any penetration, however slight, of the female genitalia by the penis. [Section 566.010 (7) RSMo)] *Penalties range because o the age o the victim and other circumstances. See statute or the detailed list o criminal o enses and punishments at revisor.mo.gov.
ATTEMPTED RAPE, 1ST DEGREE Section 566.030 RSMo Criminal Act Attempted sexual intercourse against a person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
Class o Crime Unclassi ied elony: Life or a term of not less than 5 years in state prison (no technical number limit) * [Sexual intercourse is any penetration, however slight, of the female genitalia by the penis. [Section 566.010 (7) RSMo)] *Penalties range because o the age o the victim and other circumstances. See statute or the detailed list o criminal o enses and punishments at revisor.mo.gov.
54 Domestic Violence and the Law: A Practical Guide for Survivors ADULT SEXUAL OFFENSES, CONTINUED
RAPE, 2ND DEGREE Section 566.031 RSMo Criminal Act Sexual intercourse with another person knowing the act is without victim’s consent.
Class o Crime Class D elony: Up to 1 year in county jail or 1-7 years in state prison and/or fine of up to $10,000 [Sexual intercourse is any penetration, however slight, of the female genitalia by the penis. [Section 566.010 (7) RSMo)]
SODOMY, 1ST DEGREE Section 566.060 RSMo Criminal Act Deviate sexual intercourse with a person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. (Deviate sexual intercourse is any act involving the genitals of one person and the hand, mouth, tongue or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010(3)]
Class o Crime Unclassi ied elony: Life or a term of not less than 5 years in state prison (no technical number limit)
Domestic Violence and the Law: A Practical Guide for Survivors 55 ADULT SEXUAL OFFENSES, CONTINUED
ATTEMPTED SODOMY, 1ST DEGREE Section 566.060 RSMo Criminal Act Attempted deviate sexual intercourse with a person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. (Deviate sexual intercourse is any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010(3)]
Class o Crime Unclassi ied elony: Life or a term of not less than 5 years in state prison (no technical number limit)
SODOMY, 2ND DEGREE Section 566.061 RSMo Criminal Act Deviate sexual intercourse knowing the act is without victim’s consent. (Deviate sexual intercourse is any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010(3)]
Class o Crime Class D elony: Up to 1 year in county jail or 1-7 years in state prison and/or fine of up to $10,000
56 Domestic Violence and the Law: A Practical Guide for Survivors ADULT SEXUAL OFFENSES, CONTINUED
SEXUAL ABUSE, 1ST DEGREE Section 566.100 RSMo Criminal Act Sexual contact with a person who is incapacitated, incapable of consent or lacks the capacity to consent, or by the use of forcible compulsion.
Class o Crime Class C elony: 3 to 10 years in state prison and/or fine of up to $10,000 Class B elony [if it is aggravated sexual offense or if victim is younger than 14 years of age]: 5 to 15 years [Sexual contact is any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010 (6) RSMo)] *A detailed de inition o “aggravated sexual o ense” is de ined in [Section 566.010(1) RSMo] and can be ound at revisor.mo.gov.
SEXUAL ABUSE, 2ND DEGREE Section 566.101 RSMo Criminal Act Purposely subjects another person to sexual contact without the person’s consent.
Class o Crime Class A misdemeanor: Up to 1 year in county jail and/or fine of up to $2,000 Class E Felony [if it is an aggravated sexual offense*]: up ro 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000 [Sexual contact is any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010 (6) RSMo)] *A detailed de inition o “aggravated sexual o ense” is de ined in [Section 566.010(1) RSMo] and can be ound at revisor.mo.gov.
Domestic Violence and the Law: A Practical Guide for Survivors 57 ADULT SEXUAL OFFENSES, CONTINUED
SEXUAL MISCONDUCT, 1ST DEGREE Section 566.093 RSMo Criminal Act 1. Exposes his or her genitals under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; 2. Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or 3. Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person. [Sexual contact is any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010 (6) RSMo)] [Sexual intercourse is any penetration, however slight, of the female genitalia by the penis. [Section 566.010 (7) RSMo)] [Deviate sexual intercourse is any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim. [Section 566.010(3)]
Class o Crime Class B misdemeanor: Up to 6 months in county jail and/or fine of up to $1,000 Class A misdemeanor [if previously found guilty of an offense under this chapter, or previously found guilty of an offense in another jurisdiction]: Up to 1 year in county jail and/or fine of up to $2,000
SEXUAL MISCONDUCT, 2ND DEGREE Section 566.095 RSMo Criminal Act Solicits or requests another person to engage in sexual conduct under circumstances likely to cause affront or alarm.
Class o Crime Class C misdemeanor: Up to 15 days in county jail and/or fine of up to $750 58 Domestic Violence and the Law: A Practical Guide for Survivors STALKING
STALKING, 1ST DEGREE Section 565.225 RSMo Criminal Act Purposely, through a course of conduct that serves no legitimate purpose, disturbs (frightens, intimidates or emotionally distresses) or follows with the intent of disturbing another person and: 1. Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock kept at such person’s residence or on such person’s property. The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person’s family or household members, or the person’s domestic animals or livestock as kept at such person’s residence or on such person’s property; or 2. At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or 3. At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or 4. At any time during the course of conduct, the other person is 17 years of age or younger and the person disturbing the other person is 21 years of age or older; 5. He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or 6. At any time during the course of conduct the other person is a participant in the Address Confidentiality Program, and the person knowingly accesses or attempts to access the address of the other person.
Class o Crime Class E elony: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000 Class D elony [if the person has previously been found guilty of stalking, first degree or second degree, or any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as stalking, first or second degree]: Up to 1 year in county jail or 1-7 years in state prison and/or fine of up to $10,000 Domestic Violence and the Law: A Practical Guide for Survivors 59 STALKING, CONTINUED
STALKING, 2ND DEGREE Section 565.227 RSMo Criminal Act Purposely, through a course of conduct, disturbs or follows with the intent to disturb another person.
Class o Crime Class A misdemeanor: Up to 1 year in county jail and/or fine of up to $2,000 Class E elony [if the person has previously been found guilty of a violation of stalking, second or first degree, or of any offense committed in another jurisdiction which, if committed in this state, would be chargeable or indictable as stalking, first or second degree]: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000
60 Domestic Violence and the Law: A Practical Guide for Survivors HARASSMENT
HARASSMENT, FIRST DEGREE Section 565.090 RSMo Criminal Act A person, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause the person to suffer emotional distress.
Class o Crime Class E elony: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000
HARASSMENT, SECOND DEGREE Section 565.091 RSMo Criminal Act Engages, without good cause, in any act with the purpose to cause emotional distress to another person.
Class o Crime Class A misdemeanor: Up to 1 year in county jail and/or fine of up to $2,000 Class E elony [if the person has previously been found guilty of a violation of harassment, second degree, or of any offense committed in another jurisdiction which, if committed in this state, would be chargeable as harassment, second degree]: Up to 1 year in county jail or 1-4 years in state prison and/or fine of up to $10,000
Domestic Violence and the Law: A Practical Guide for Survivors 61